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- Title
Are Tort Remedies 'Civil Recourse'?
- Authors
Smith, Stephen A.
- Abstract
In this article, I examine John Goldberg and Benjamin Zipursky's argument, set out in Recognizing Wrongs, that the 'principle of civil recourse' explains much (though not all) of tort law. Specifically, I assess their claim that tort remedies are instances of civil recourse. I argue that while this label fits a variety of damages awards (and fits them better than the leading alternatives), it does not fit two significant tort remedies: injunctions and damages for pecuniary losses.
- Subjects
TORT theory; ACTUAL innocence; GOLDBERG, John; FAIRNESS; NEGLIGENCE
- Publication
Law & Philosophy, 2022, Vol 41, Issue 1, p83
- ISSN
0167-5249
- Publication type
Article
- DOI
10.1007/s10982-021-09440-8